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Portability, hypertension and a ₹6.8 lakh bypass claim

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Portability, hypertension and a ₹6.8 lakh bypass claim

Suresh Nair, 54, held a ₹15 lakh family floater with Insurer A continuously from April 2016 to June 2023. He disclosed hypertension at proposal in 2016 and had been on two tablets since 2018; Insurer A paid a small claim for a hypertensive episode in 2021.

In June 2023, when his employer's group cover was withdrawn, he ported the policy to Insurer B on the same sum insured. Insurer B accepted the portability application at standard rates and issued the policy on 12 June 2023, with a two-year pre-existing disease waiting period in the wording.

In March 2024 Suresh was hospitalised for a triple-vessel coronary artery bypass graft costing ₹6.8 lakh. Insurer B's third-party administrator rejected the claim, saying the new policy's pre-existing disease waiting period had not been completed and that his hypertension history had not been 'freshly disclosed' at portability.

Suresh says he has been covered without a break since 2016 and that his agent told him portability 'carries forward everything'.

1. Was the third-party administrator's rejection correct?

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The rejection is not sustainable on these facts.

  • Portability under the IRDAI health insurance framework exists precisely so that a policyholder does not lose waiting-period credit by changing insurers. The new insurer must count the period of continuous coverage with the previous insurer when applying waiting periods, including the pre-existing disease waiting period.
  • Suresh's hypertension was disclosed in 2016 and was covered by Insurer A. By June 2023 he had seven years of continuous cover, well past any two-year pre-existing disease waiting period. That credit travelled with him to Insurer B.
  • Insurer B accepted the portability at standard rates with no loading or exclusion. Having accepted the risk on the previous insurer's records, it cannot re-open the same disclosed condition at claim time. The 'not freshly disclosed' argument confuses portability with a fresh proposal: in portability the source of truth is the previous insurer's records and the portability form, not a new declaration.
  • The claim is for a new manifestation of a long-covered, disclosed condition, not a concealed one.
  • What the administrator should check instead: whether the CABG is within the ₹15 lakh sum insured, room-rent and consumable limits, and whether the 30-day initial waiting period was served (it was).

Suresh should escalate to Insurer B's grievance officer, then the Insurance Ombudsman; ₹6.8 lakh is within the Ombudsman's monetary jurisdiction. He must keep every Insurer A renewal receipt, the 2021 claim file and the portability form.

2. What would the position be if Suresh had let the Insurer A policy lapse in June 2023 and bought a fresh policy from Insurer B in September 2023?

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Then the rejection would be correct, and the difference is entirely documentary.

  • With a lapse and a fresh proposal there is no portability and no continuity credit. The two-year pre-existing disease waiting period restarts on 12 September 2023 and is not complete in March 2024.
  • The claim would fall squarely inside the waiting period, and the insurer could reject it even though nothing was concealed - the exclusion operates by contract, not by fault.
  • The narrow escape routes: a 30-day grace period for renewal keeps the policy alive if the premium is paid within it; a genuine accident or acute condition is outside the pre-existing disease exclusion; and the insurer must still pay for any unrelated illness.
  • This is why an agent handling a job change or a group-to-individual transition must apply for portability before the renewal date - most insurers want the application 30-45 days ahead - and must never let the old policy lapse while the new one is being processed.

One lapse can cost a client the entire waiting-period history and, in a case like this, ₹6.8 lakh.

3. What should the agent have told Suresh in June 2023, and what records should exist?

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Four things, all of which would have prevented the dispute:

  1. Apply early. Portability applications generally need to reach the new insurer 30-45 days before the existing policy's renewal date. A late application is a common reason portability fails.
  2. Keep the old policy alive until the new one is issued. Do not let the renewal lapse on the assumption that portability is automatic.
  3. Document the disclosure chain. Obtain Insurer A's renewal endorsements, the claim history and the list of disclosed conditions, and attach them to the portability form. A clear line - 'hypertension since 2018, on two tablets, claim paid 2021' - is what defeats the 'not disclosed' argument later.
  4. Explain what does and does not carry forward. Waiting-period credit carries; no-claim benefits, cumulative bonuses and restore benefits generally do not, and the new policy's sub-limits and room-rent caps apply instead.

Keep the file: the portability form, the old policy's renewal receipts and a written note of the advice given. In a claim dispute, the agent's contemporaneous note is often the only evidence of what the client was told.